Latest in Extraterritoriality


The "NSA Affair" Goes Criminal in Germany

The "NSA Affair" still commands German headlines. Over the weekend, the news was dominated by the fit-for-a-spy-novel revelations that the top floor of the U.S. Embassy on Pariser Platz (overlooking the Brandenburger Tor and the Reichstag) apparently housed equipment and officials that listened in on Chancellor Merkel’s calls. There is a great picture here. It all seems so 20th Century.

Executive Power

Defriending FISA: A Response to Carrie Cordero

The central theme of Carrie's post critiquing proposals for FISA reform appears to be that there are already too many lawyers and too much oversight of how the NSA conducts "foreign intelligence surveillance," and so any proposals to increase these accountability mechanisms by appointing some kind of "special advocate" are necessarily myopic insofar as they (1) are not likely to accomplish all that much vis-a-vis the status quo; and (2) fail to appreciate that we already have "the most oversight-laden foreign intelligence ac

Civil Liberties and Constitutional Rights

My Last Word on the New Bahlul Amicus

Thanks to his "sur-reply", I finally understand the premise of Peter Margulies’s argument—and his amicus brief—in al Bahlul with regard to why the en banc D.C. Circuit can affirm Bahlul’s conspiracy conviction even though conspiracy is not a war crime under international law: Because Bahlul was actually tried for murder, even though no one in the courtroom—not the defendant, his counsel, the judge, the prosecutor, or, you know, the jury—knew it.

Guantanamo: Litigation: D.C. Circuit

The Two Fundamental Flaws in the New Bahlul Amicus Brief

Raff already flagged yesterday's filing of an amicus brief in support of the government in the Al Bahlul military commission appeal before the en banc D.C. Circuit by "former government officials, former military lawyers, and scholars of national security law," a group that includes Ben, Ken, and two of my casebook co-authors--among others.

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